Duarte v. St. Barnabas Hospital

Duarte v. St. Barnabas Hospital

Plaintiff:	Ruth Rojas Duarte
Defendant:	St. Barnabas Hospital
Case Number:	1:2015cv06824
Filed:	August 28, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Paul G. Gardephe
Nature of Suit:	Employment
Cause of Action:	42 U.S.C. § 2000
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 17, 2018	Filing 187 MEMORANDUM OPINION & ORDER re: 163 MOTION for New Trial Pursuant to FRCP 59 filed by St. Barnabas Hospital. For the reasons stated above, the Hospital's motion for a new trial is granted on the issue of damages un less Plaintiff agrees in writing by September 30, 2018, to a remittitur reducing the compensatory damage award to $125,000 and the punitive damage award to $125,000. The Clerk of Court is directed to terminate the motion. (Dkt. No. 163) (Signed by Judge Paul G. Gardephe on 9/15/2018) (mro)
September 13, 2017	Filing 57 MEMORANDUM OPINION & ORDER re: 48 MOTION for Summary Judgment filed by St. Barnabas Hospital. For the reasons stated above, Defendant's motion for summary judgment is granted in part and denied in part. Defendant is granted su mmary judgment on Plaintiff's (1) disparate treatment discrimination claims under Title VII, the ADA, the NYSHRL, and the NYCHRL; (2) hostile work environment claims under Title VII, the NYSHRL, and the NYCHRL, to the extent those claims are p remised on gender or race; (3) NYSHRL retaliation claim; and (4) FMLA interference and retaliation claims. Plaintiff's claims for unpaid wages and overtime compensation under the FLSA and New York Labor Law are dismissed without prejudice, gi ven Plaintiff's status as an opt-in plaintiff in Khansari v. St. Barnabas Hospital, No. 15 Civ. 1803 (PGG). Defendant's summary judgment motion is otherwise denied. The Clerk of Court is directed to terminate the motion (Dkt. No. 48). The parties will proceed to trial on Plaintiff's remaining claims on December 4, 2017 at 9:30 a.m. The parties are directed to comply with this Court's Individual Rules concerning the preparation of a pre-trial order. The joint pre-trial orde r, motions in limine, proposed voir dire, and requests to charge are due on November 6, 2017. Responsive papers, if any, are due on November 16, 2017. (As further set forth in this Order.) (Motions due by 11/6/2017., Pretrial Order due by 11/6/2017., Responses due by 11/16/2017, Jury Trial set for 12/4/2017 at 09:30 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 9/13/2017) (cf) Modified on 9/13/2017 (cf).

Date Filed

Document Text

September 17, 2018

Filing 187 MEMORANDUM OPINION & ORDER re: 163 MOTION for New Trial Pursuant to FRCP 59 filed by St. Barnabas Hospital. For the reasons stated above, the Hospital's motion for a new trial is granted on the issue of damages un less Plaintiff agrees in writing by September 30, 2018, to a remittitur reducing the compensatory damage award to $125,000 and the punitive damage award to $125,000. The Clerk of Court is directed to terminate the motion. (Dkt. No. 163) (Signed by Judge Paul G. Gardephe on 9/15/2018) (mro)

September 13, 2017

Filing 57 MEMORANDUM OPINION & ORDER re: 48 MOTION for Summary Judgment filed by St. Barnabas Hospital. For the reasons stated above, Defendant's motion for summary judgment is granted in part and denied in part. Defendant is granted su mmary judgment on Plaintiff's (1) disparate treatment discrimination claims under Title VII, the ADA, the NYSHRL, and the NYCHRL; (2) hostile work environment claims under Title VII, the NYSHRL, and the NYCHRL, to the extent those claims are p remised on gender or race; (3) NYSHRL retaliation claim; and (4) FMLA interference and retaliation claims. Plaintiff's claims for unpaid wages and overtime compensation under the FLSA and New York Labor Law are dismissed without prejudice, gi ven Plaintiff's status as an opt-in plaintiff in Khansari v. St. Barnabas Hospital, No. 15 Civ. 1803 (PGG). Defendant's summary judgment motion is otherwise denied. The Clerk of Court is directed to terminate the motion (Dkt. No. 48). The parties will proceed to trial on Plaintiff's remaining claims on December 4, 2017 at 9:30 a.m. The parties are directed to comply with this Court's Individual Rules concerning the preparation of a pre-trial order. The joint pre-trial orde r, motions in limine, proposed voir dire, and requests to charge are due on November 6, 2017. Responsive papers, if any, are due on November 16, 2017. (As further set forth in this Order.) (Motions due by 11/6/2017., Pretrial Order due by 11/6/2017., Responses due by 11/16/2017, Jury Trial set for 12/4/2017 at 09:30 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 9/13/2017) (cf) Modified on 9/13/2017 (cf).

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Plaintiff: Ruth Rojas Duarte
Represented By:	Megan Sarah Goddard
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Defendant: St. Barnabas Hospital
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